[HISTORY: Adopted by the Township Council of the Township
of Hampton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-18-1973 by Ord. No. 177 (Ch. 9, Part 1, of the
1995 Code of Ordinances)]
From and after the effective date of this article, the within
regulations shall be in full force and effect.
As used in this article, the following terms shall have the
meanings indicated:
Any act by which ground components such as earth, sand, gravel,
rock or similar material are cut into, dug, quarried, uncovered, removed,
spliced or relocated, including conditions resulting therefrom.
The end result of excavating.
A commercial, industrial or research operation involving
a surface removal of natural accumulations of sand, rock, soil, gravel,
coal or any other mineral.
The end result of filling or the material used in filling.
Any act by which material is deposited into a cavity, mounded
or banked or added to an existing base, including any conditions resulting
therefrom.
A lot or parcel of land or a series of lots or parcels of
land considered as a single unit, upon which a land operation is to
be performed or is being performed.
Any site from which material is conveyed to another site
as a transporting operation.
The conveyance of material for disposal or fill purposes
from one site to another site over a public street or streets.
The proposed use of public streets or thoroughfares for the
transportation of material for disposal or fill purposes shall have
the approval of the Township Manager.
The size and type of vehicles used and the hours of operation
shall be as approved by said Township Manager as related to the capacity
of streets to be used and traffic volumes thereon.
Wheel and truck cleaners shall be required on site at any transport
origin and destination point within the Township, and all vehicles
shall be scraped and cleaned before leaving the site.
The transporter shall take reasonable measures including, but
not limited to, wetting down or other treatment before leaving the
site, to insure that during transit no material being transported
shall blow or spill over any public or private property.
In the event that earth, dust, powder, mud, slush or any other
debris from the operation involved accumulates in or on any street,
catch basin or sewer line, the transporter shall be required to remove
the same immediately upon notification by the Township.
[Amended 4-26-1995 by Ord. No. 505]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues shall constitute a separate offense.
[Adopted 2-23-2000 by Ord. No. 584 (Ch. 9, Part 1, of the
1995 Code of Ordinances)]
The purpose of this article is to provide minimum standards
to safeguard persons, protect property and promote the general welfare
by preventing excess erosion, hazardous rock and soil slippage, sediment
production and other soil and water management problems by regulating
and controlling the design, construction, quality of materials, use,
location and maintenance of grading, excavation and fill.
A.
To establish performance standards which ensure land use practices
respectful of the natural topography and capabilities of the land.
B.
To encourage maximum retention of natural topography and vegetative
features on hillsides:
C.
To encourage imaginative and innovative site development and building
design that adapts to and takes advantage of the best use of the natural
terrain.
D.
To encourage the concept of cluster development and density transfer
in order to save open space and steep slopes.
A grading permit shall be obtained from the administrator for
new grading, excavation and fills and changes, additions or alterations
made in existing excavations or fills.
A.
New grading, excavations and fills, changes, additions, repairs or
alterations made to existing excavations and/or fills shall conform
to the provisions of this article. A permit shall not be required
for work performed by the Township or contractors employed by the
Township in a public street or alley, Township park, playground or
recreation area or on other Township property.
B.
A separate grading permit shall be required for each site. One permit
shall cover the grading, excavation and any fills made on the same
site.
C.
Only one permit shall be required for the grading of a large continuous
parcel of land for a major planned development, such as a planned
residential development or a planned commercial development, when
the standards for the grading of the entire parcel are satisfactory
to and approved by the administrator.
D.
The administrator may require an approved site plan, a building permit
or both as a prerequisite to the granting of any grading permit.
Except where a slope of over 25% exists, a grading permit shall
not be required for any of the following:
A.
An excavation which does not exceed three feet in vertical depth at its deepest point measured from the natural ground surface or cover an area of more than 1,000 square feet; provided, that the surfaces of such excavation do not have slope at any point steeper than four horizontal to one vertical. However, this subsection shall not be deemed to nullify the application of this article, or any requirement for obtaining a grading permit, with respect to any fill made with the material from such an excavation, unless otherwise excused by Subsections B and C of this section.
B.
A fill which does not exceed 10 cubic yards of material on any one
site.
C.
Fill which does not exceed three feet in vertical depth at its deepest
point measured from the natural ground surface and does not cover
an area of more than 1,000 square feet; provided, that the surfaces
of such fills do not have a slope at any point steeper than three
horizontal to one vertical.
D.
An excavation below finished grade for basements and footings of a building, other than a single-family dwelling, swimming pool or underground structure authorized by a building permit and an excavation of a driveway between a building site and the street; provided, however, that a permit is required for an excavation of a driveway between the building site and the street when extreme conditions (such as excessive cut or fill) exist. However, this subsection shall not be deemed to nullify the application of this article or any requirement for obtaining a grading permit, with respect to any fill made with the material from such an excavation unless otherwise excused by Subsections B and C of this section.
E.
Soil excavated under the authorization of a properly issued building
permit which is stockpiled on the same site as the excavation. If,
however, excavated material is stockpiled on a site for a period of
longer than 120 days, then a permit shall be necessary when disposing
of the fill material.
F.
A single-family house site where the maximum gradient between property lines or the maximum excavation or fill, exclusive of the situations referred to in Subsection D above, do not exceed the grades or quantities set forth in the following table:
|
Single-Family House Site
(square feet)
|
Maximum Gradient Without a Permit
|
Maximum Excavation or Fill Without a Permit, Exclusive
of Basements and Foundations
(cubic yards)
| |
|---|---|---|---|
|
Less than 10,000
|
15 in 100 feet
|
100
| |
|
10,000 to 24,000
|
15 in 100 feet
|
200
| |
|
24,000 to 44,000
|
15 in 100 feet
|
250
| |
|
Over 44,000
|
20 in 100 feet
|
250
|
For the purpose of this article, certain terms and words are
herein defined:
The Township Manager or his authorized representative.
Any landowner, agent of said landowner or tenant with the
permission landowner, who proposes to make or cause to be made an
excavation, fill or any combination thereof pursuant to the provisions
of this article.
A registered architect licensed as such in the Commonwealth
of Pennsylvania.
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
The most recently enacted edition of the CABO and BOCA Building
Codes, as amended, by the Township of Hampton.
Plants such as grasses, ground covers, wildflowers, shrubs
and trees.
Any landowner, agent of such landowner or tenant with written,
notarized permission of such landowner who makes or causes to be made
a subdivision of land or a land development.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any structure, any mining, excavation,
landfill or land disturbance and any use or extension of the use of
land.
A registered professional engineer licensed as such in the
Commonwealth of Pennsylvania and knowledgeable in civil engineering.
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Areas where the slope exceeds 25% between adjacent contour
lines as shown on topographical maps (i.e., where the scaled horizontal
distance between the five-foot contour lines is less than 20 feet
or between adjacent contour lines having an interval of five feet
or less as shown on detailed site plans prepared by a registered engineer
or surveyor based on actual field topographical surveys.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location, including the condition resulting therefrom.
A report prepared by a registered professional geological
engineer.
The elevation of the existing or proposed ground surface
at the location of any proposed excavation or fill.
Excavation or fill or any combination thereof, including
the conditions resulting from any excavation or fill.
Any permit required pursuant to the provisions of this article.
Cleaning of underbrush from a well-treed area.
Any danger or potential danger to life, limb or health or
any adverse effect or potential adverse effect to the safety, use
or stability of property, waterways, public ways, structures, utilities
and storm sewers, including stream pollution.
A landscape architect licensed as such in the Commonwealth
of Pennsylvania.
Any landowner, agent of said landowner or tenant with the
permission of said landowner who has been granted a grading permit
pursuant to the provisions of this article.
A structure composed of concrete, steel or other approved
building material constructed for the purpose of supporting a cut
or filled embankment which would otherwise not comply with the requirements
or standards set forth in this article and which is more than two
feet in height as measured on the exposed vertical surface of the
wall.
A building, which is the only principal building on the lot,
designed exclusively for residential purposes on a permanent basis
by one family or by not more than three unrelated individuals.
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land which are adjoining and with respect to which grading
work is to be continuous and performed at the same time.
The soil survey for Allegheny County, Pennsylvania, and the
accompanying text, Soil Survey of Allegheny County, Pennsylvania,
as prepared by the USDA Natural Resources Conservation Service et
al.
A registered professional engineer licensed as such in the
Commonwealth of Pennsylvania and having training and experience in
the branch of soils engineering.
Any and all parts or combination of ashes, garbage, refuse,
radioactive material, combustible demolition materials and industrial
wastes such as food processing wastes, wood, plastic, metal scrap,
etc.
Areas where the slope exceeds 25% between adjacent contour
lines as shown on topological maps (i.e., where the scaled horizontal
distance between the five-foot contour lines is less than 20 feet)
or between adjacent contour lines having an interval of five feet
or less as shown on detailed site plans prepared by a registered engineer
or surveyor based on actual field topographical surveys.
The Township of Hampton Zoning Ordinance [Chapter 310], as amended.
Every applicant for a grading permit shall file a written application,
plans, specifications and a soil conservation report therefor with
the administrator in a form prescribed by the administrator and, if
appropriate, shall receive site plan approval from the Township Council
before initiating any disturbance of the land or vegetation.
A.
The application shall include:
(1)
A description of the land on which the proposed work is to be done
by lot, block, tract and street address or similar description which
will readily identify and definitively locate the proposed work.
(2)
A statement of the estimated starting and completion dates of the
proposed activity.
(3)
A statement of the purpose for which the permit is filed.
(4)
A statement which indicates whether or not a structure will require
a building permit pursuant to the building codes, is intended to be
erected.
(5)
An affidavit from the owner granting permission and approval if the
applicant is other than the owner.
B.
The required site plan and specification shall include:
(1)
Seal and signature of a registered professional engineer.
(2)
The name of the applicant.
(3)
The name of the property owner.
(4)
The location, by map, of the property.
(5)
A contour map showing the present contours of the property and the
proposed contours of the property after completion of the proposed
activity. The contours shall be at two-foot intervals where the average
slope is 10% or less and at five-foot intervals where the average
slope exceeds 10%.
(6)
A cross-section of the proposed cut or fill on fifty-foot intervals
which show the method of benching for the cut and/or fill; provided,
however, that there shall be shall be not less than two cross-sections
for each site.
(7)
A plot plan showing the location of the boundaries of the activity(ies),
lot lines, neighboring streets, buildings, surface utilities, waterways,
drainage patterns and sufficient dimensions and data to show all proposed
work.
(8)
A description of the type and classification of the soil.
(9)
A detailed plan identifying all proposed drainage, structures, pipes,
walls and cribbing.
(10)
A detailed seeding plan.
(11)
If applicable, the nature of the fill material to be used.
(12)
In special cases, when grading occurs in areas of landslide-prone soil or rockfall-prone areas as recognized by the soil survey or other standard surveys, or the maps referenced in Subsection B(1) above, the administrator may require special precautions prior to issuing a permit from the applicant. The administrator may require the applicant to conduct core borings to determine the extent of and location of the landslide- or rockfall-prone areas. The results of all soil tests and core borings made, relative to the site, shall be submitted to the administrator.
(13)
The administrator may waive the requirement of any or all plans
and specifications listed in this article if he finds that the information
on the application is sufficient to show that the work will conform
to the provisions of this article.
C.
The required soil conservation report shall include:
(1)
Site topography.
(2)
Site drainage.
(3)
Vegetative cover and soils.
(4)
A statement which describes any major limitations of the site pertaining
to soils, slopes, drainage and runoff.
(5)
A statement of recommendations to minimize the site limitations identified.
(6)
The administrator may require a permit or approval from the Allegheny
County Conservation District.
D.
Trees and natural ground cover shall be retained wherever possible
to minimize the environmental impact of the development on the site.
E.
When the requirements of this article for obtaining a permit have
been met, the administrator shall approve the application and proposed
plan and grant a grading permit to the applicant.
In the event that the applicant will move or grade more than
50,000 square feet or more than 30,000 cubic yards, then a formal
agreement will be required by the administrator and said agreement
will be prepared by the applicant at his own cost and expense and
must be approved as to form by the Township Solicitor.
A.
Every grading permit shall expire and become null and void if the
work authorized by said permit has not been commenced within six months
or is not completed within one year from the date of issue; provided,
that the administrator may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work being started
or completed within the specified time limits, grant a reasonable
extension of time; and, provided further, that the application for
the extension of time is made before the date of expiration of the
permit. Any physical changes from the original plan uncovered in the
site during the construction such as surface water drainage, soil
and bedrock dislocations, alteration of groundwater discharge or any
other natural or man-made modification which would tend to undermine
the basis upon which the permit was issued, must be immediately reported
to the administrator by the permit holder. If the circumstances dictate,
the administrator shall revoke the permit or otherwise modify the
conditions upon which the permit was initially issued.
B.
A grading permit may be extended, or a new permit issued for the same site or project, no more than three times. Upon the expiration of the third and final permit, before another earth disturbance permit can be issued, the applicant must submit a new permit and land development application (with all items and details required under § 161-13 and a written timeline for completion of the project) for review by the Environmental Advisory Council, Planning Commission and Township Council in accordance with the land development procedure identified in Chapter 310, Zoning, and Chapter 280, Subdivision and Land Development.
A.
If the administrator shall determine that the work proposed by the
applicant is likely to endanger any property or person, or any street
or alley, or create hazardous conditions, the grading permit shall
be denied. In determining whether the proposed work is likely to endanger
property or streets or alleys or create hazardous conditions, the
administrator shall consider, among other relevant factors, the following:
(1)
Possible saturation by rains, earth movements, runoff surface waters
and subsurface conditions such as the stratification and faulting
of rock, aquifers, springs and the nature and type of the soil or
rock.
B.
The administrator may deny a grading permit if the use of land to
be graded, either excavation or filling, is not specifically known
except for the intent of improving the site. The administrator shall
review the application, plans, specifications and reports and determine
whether the project will improve the site, is in the best interest
of the Township and is not detrimental to the environment.
C.
Any person who is aggrieved by the application of the provisions
of this article may within 15 days from the date of the denial of
the permit, or such other adverse determination by the administrator,
file a written appeal, together with all the grading permit application
materials required by this article, to the Township Council. The Township
Council shall grant a hearing upon such an appeal within 30 days after
the receipt of the written appeal. The Township Council shall render
a decision on the appeal within 30 days after the close of the hearing.
D.
If any appeal is taken from the issuance of a building permit where a grading permit has also been issued and if such appeal shall, pursuant to the provisions of Chapter 310, Zoning, operate as a stay of all proceedings under any such building permit, then such appeal shall also operate to stay all proceedings under any such grading permit.
The administrator shall make the inspections hereinafter required
and shall either approve that portion of the work which has been completed
or notify the permit holder wherein the same fails to comply with
the provisions of this article.
A.
Grading and drainage plans approved by the administrator shall be
maintained at the site during the progress of the grading and drainage
and until the work has been approved.
B.
The permit holder shall submit to the administrator an "as built"
drawing of the project before the issuance of a grading certificate
of completion.
C.
The permit holder shall submit to the administrator in order to obtain
inspections in accordance with the following schedule and such notification
shall be made by the permit holder at least 24 hours before the inspection
is to be made:
(1)
Initial inspection. When work is about to be commenced and stakeout
is completed.
(2)
Rough grading. When all rough grading has been completed.
(4)
Additional inspection. When in the opinion of the administrator other
inspections are necessary.
(5)
Final inspection. When all work, including the installation of all
drainage, landscaping and other structures has been completed.
D.
If at any stage of the work the administrator shall determine by
inspection that the nature of the excavation is such that further
work as authorized by an existing permit is likely to endanger any
property, street, alley or create hazardous conditions, the administrator
may require, as a condition to allowing the work to be done, that
such reasonable safety precautions be taken as the administrator considers
advisable to avoid such likelihood of danger.
E.
If at any stage of the work the administrator shall determine by inspection that the nature of the excavation or fill is not in compliance with the plans and details submitted for the issued permit, the administrator shall notify the applicant in writing of the violation and what remedy must be pursued by the applicant. If the violation is not rectified within the specified amount of time, the administrator shall proceed in accordance with the violation and enforcement requirements outlined in § 161-32.
A.
At the time of application, the applicant shall pay an application
review fee, as established by the Township Council by resolution,
from time to time, to cover the Township costs of reviewing application
documents. Any additional charges incurred by the Township to review
the application of an excavation permit shall be borne by the applicant.
Any application funds not expended by the Township shall be returned
to the applicant within a reasonable period of time.
B.
Inspection fees. An inspection fee equal to 2% of the total estimated
cost of the grading work, stormwater control facilities and landscaping
shall be collected by the administrator prior to the issuance of a
grading permit. A minimum fee of $50 shall be charged. Inspection
costs incurred by the Township in excess of the initial fee collected
shall be paid for by the applicant prior to final inspection of the
work.
C.
Performance and maintenance guarantees.
(1)
As a condition of approval of a grading application under this article,
the Township may require the applicant to post a cash or performance
bond or other security acceptable to the Township in the amount of
50% of the estimated cost to perform the work. The cost estimate shall
include the complete scope of work needed to be performed by the applicant
to comply with this article and shall be prepared and certified by
the applicant's engineer or architect and accepted as reasonable
by the Township's Engineer. The Township's Engineer shall
be the final arbiter as to the reasonableness of any cost estimates.
(2)
Upon completion of the job, a maintenance bond in an amount of 15% of the cost estimated as determined in Subsection C(1) shall be posted (payable to the Township of Hampton) for a period of 18 months.
(3)
No bond shall be required if another bond or approved security is
posted for construction and/or site improvements which already covers
the cost of grading and other control facilities.
A.
A fence not less than four feet in height, of a design approved by the administrator and meeting requirements of Chapter 310, Zoning, shall be placed at the top of all new cuts and fills made when the cuts or fill slopes are steeper than 1 1/2 horizontal to one vertical.
B.
All topsoil shall be removed from the areas to be graded, stockpiled
and preserved for reuse on the site before other excavation is permitted.
A minimum of four inches of topsoil shall be placed over all disturbed
or undeveloped areas.
C.
The permit holder shall be responsible for protecting adjacent and
downstream properties from any stormwater damage which occurs as a
result of grading activities on the project site. Such protection
shall include cleaning up and restoring adjacent and downstream properties
to their original condition.
If upon final inspection of the site for which a permit has
been issued, it is found that the work authorized by the grading permit
has been satisfactorily completed in accordance with the requirements
of this article, a grading certificate of completion covering such
work and stating that the work is approved shall be issued to the
permit holder by the administrator.
A.
The owner of any property on which an excavation or fill has been
made shall maintain in good condition and repair, the excavation or
fill permitted and also all retaining walls, cribbing, drainage structures,
fences, ground cover and other protective devices as may be a part
of the permit requirements.
B.
The continued use of said area shall be contingent upon the proper
maintenance and upkeep of all the above mentioned items, satisfactory
to the Township and subject to such further conditions as the Township
may prescribe from time to time to keep the site in proper condition.
C.
The grading certificate of completion may be revoked by the Township
Council at any time, upon the recommendation of the administrator
or the Township Engineer, where the conditions of the permit are not
being observed, the work covered by the certificate has been materially
extended or altered without a permit to do so, or conditions exist
which jeopardizes the health, safety and welfare of any person, persons
or property. Before such revocation, the administrator shall first
give written notice to the permit holder and to the owner of the property
involved, specifying the defect of unsatisfactory condition involved
and advising that unless such defect or unsatisfactory condition is
remedied, the certificate shall be revoked, if the defect or unsatisfactory
condition is remedied within 30 days of notice to the owner to correct
same, the certificate shall not be revoked. If the permit holder shall
fail to correct such defect or unsatisfactory condition within such
thirty-day period. the Township may undertake the necessary work and
the costs thereof shall be borne by the permit holder and collected
in any manner authorized by law, including the imposition of a lien
against the property.
Whenever the administrator determines that any existing excavation, embankment or fill has become a hazard as defined in § 161-12 of this article, the owner of the property upon which the excavation, embankment or fill is located or other person or agent in control of said property, upon receipt of notice, in writing, from the administrator shall, within the time specified in such notice, repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard. If the permit holder shall fail to correct such hazardous or unsatisfactory condition within the specified time period, the Township may undertake the necessary work and the costs thereof shall be borne by the permit holder and collected in any manner authorized by law, including the imposition of a lien against the property.
A.
The administrator shall determine when any existing excavation, embankment or fill has become a hazard as defined in § 161-12 of this article.
B.
Any excavation not completed within 180 days from the date of initial
grading shall constitute a nuisance and a hazard.
C.
When the administrator determines that a nuisance or hazard exists,
he shall give written notice thereof to the owner of the property
upon which the excavation, embankment or fill is located.
D.
The property owner shall restore, repair, reconstruct or remove such
excavation, embankment or fill as directed by the administrator within
30 days of receipt of said written notice.
E.
If the property owner has not taken the remedial action directed
by the administrator within the stated time period, the Township,
in addition to pursuing any and all other legal or equitable remedies,
may undertake the necessary remedial work and the cost thereof shall
be borne by the property owner and a lien therefor filed against the
property in accordance with the applicable law.
The following general working conditions will apply to all grading
sites:
A.
Dust control. During grading operations, necessary measures for dust
control will be exercised.
B.
Cleanup. All soil washed or carried onto public streets during grading
operations shall be cleaned up each day. Temporary driveway or road
surfaces shall be provided as soon as possible. The owner of the property
being graded shall be responsible to protect and clean up lower properties
of silt and debris which have been washed down onto the lower properties
as a result of the grading work on the higher property.
C.
Work days. None of the work or activity covered by a grading permit
shall be conducted on a Sunday or legal holiday without the approval
of the Township Council or Township Council's designated representative.
D.
Work hours. All of the work and activity covered by a grading permit
shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. unless
these time limits are extended, excused or otherwise modified by the
Township Council or their designated representative.
A.
Vegetation preservation. No removal of trees, shrubbery, foliage,
grass or other natural growth shall be permitted, except in conformance
with the provisions of this article or any other ordinance of the
Township of Hampton regulating land use and development, except that
the activity of "grubbing" shall be permitted.
B.
Cutting and clearing of vegetation. The mass or large-scale cutting
of trees and clearing of vegetation for the sole purpose of clearing
land, unless incidental to imminent development, is prohibited. "Imminent
development" shall be considered to be development which is reasonably
expected to commence and for which there are approved site plans to
commence, on a minimum of an eight-hour-per-day, forty-hour-per-week
basis (utilizing a five days on, two days off standard work week),
within 30 days of the completed cutting activities and for which a
site plan and landscaping plan have been submitted and approved by
the Township. This language is not intended to prohibit the culling
of diseased, dead or dying plants or trees, the development of flow
or vegetable gardens and removal of single trees or clumps of vegetation
for aesthetic, safety or other concerns. It does prohibit the mass
or large-scale defoliation of property preparatory to development
until shortly before the proposed development actually takes place.
C.
Live stream crossings. Grading equipment will not be allowed to cross
live streams. All applicable permits must be obtained from the appropriate
federal, state or county agency. Provision will be made for the installation
of culverts or bridges for such crossings.
D.
Conservation of natural features. In order to prevent the denuding
of the landscape, large trees and other natural features constituting
important physical, aesthetic and economic assets to existing or intending
development work shall be preserved. All grading shall be kept to
the absolute minimum.
E.
Excessive slopes. Excessive slopes of over 25% shall not be graded in order to minimize erosion and storm runoff to protect watersheds, to discourage erosion of soils by maintaining adequate foliage cover on excessive slopes and to promote the perpetuation of open space on hillsides. An excessive slope is determined as defined in § 161-12 of this article. The areas considered to have excessive slope may be revised or modified by the Township Council where studies or information provided by a qualified agency or person documents the need or possibility for such revision and the possibility that such revision will produce no environmental harm.
A.
Maximum slope steepness of a cut shall be two horizontal to one vertical
for minimizing erosion and landslide hazards. However, a governmental
review agency, professional engineer or engineering geologist may
determine the types of soil on the sites to be graded from the soil
survey, other standard surveys, geological surveys or core borings.
Maximum slopes can then be determined as follows:
(1)
Landslide-prone soils or unstable rock formations where existing
slopes are less than 25% shall have proposed cut slopes no steeper
than three horizontal to one vertical. Soil survey map symbols are:
|
"GrE - Gilpin-Vandergrift Silt Loams, Slumped"
| |
|
"GQF - Gilpin-Upshur Complex"
|
(2)
Landslide prone soils where existing slopes are less than 25% shall
have proposed cut slopes no steeper than two horizontal to one vertical.
Soil survey map symbols are:
|
Landslide Risk Potential
| ||
|---|---|---|
|
UaB - Upshur Silty Clay Loam, 3% to 8% slopes
|
Moderate
| |
|
UaC - Upshur Silty Clay Loam, 8% to 15% slopes
|
High
| |
|
GpB - Gilpin-Upshur Complex, 3% to 8% slopes
|
Moderate
| |
|
GpC - Gilpin-Upshur Complex, 8% to 15% slopes
|
High
| |
|
GpD - Gilpin-Upshur Complex, 15% to 25% slopes
|
High
| |
|
GvB - Guernsey-Vandergrift Silt Loam, 3% to 8% slopes
|
Moderate
| |
|
GvC - Guernsey-Vandergrift Silt Loam, 8% to 15% slopes
|
High
| |
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GvD - Guernsey-Vandergrift Silt Loam, 15% to 25% slopes
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High
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EvB - Ernest-Vandergrift Silt Loams, 3% to 8% slopes
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High
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EvC - Ernest-Vandergrift Silt Loams, 8% to 15% slopes
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High
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EvD - Ernest-Vandergrift Silt Loams, 15% to 25% slopes
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High
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(3)
Soils which are not or have a low probability of being landslide
prone shall have a slope no steeper than 1 1/2 horizontal to
one vertical. All soil survey map symbols, except the symbols listed
above, denote soils of low landslide probability.
B.
Cut slopes up to 1:1 may be allowed under a grading permit; provided,
that two or more of the following conditions is satisfied:
(1)
The material in which the excavation is made is sufficiently stable
to sustain a slope steeper than the slope specified above for recognized
soil conditions on the site. An acceptable geological report signed
and sealed by a professional engineer, certifying that the steeper
slope will have sufficient stability and that it will not endanger
any property or result in property damage and that creation of a hazard
will be minimal shall be submitted to and may be approved by the administrator.
(2)
A retaining wall or other approved support, designed by a professional
engineer or architect and approved by the administrator is provided
to support the face of the excavation.
(3)
The slope proposed is demonstrated in a site plan presented to the
Planning Commission, the Environmental Advisory Council and the Township
Council to be absolutely necessary to permit the reasonable development
of the site.
C.
The administrator may require that the excavation be located so that
a line having a slope of 1 1/2 horizontal to one vertical measured
from the bottom of the cut slope will be entirely inside the property
lines of the property on which the excavation is made, if conditions
exist which, under applicable engineering practice, the excavation
may not be stable or safe.
D.
The administrator may require an excavation to be made with a cut
slope flatter than those specified above if he finds the material
in which the excavation is to be made is unusually subject to erosion
or if other conditions exist, which under applicable engineering practice,
make such a flatter cut slope necessary for stability and safety.
E.
Excavations adjacent to any footing, foundation or structure shall
not extend below the minimum angle of repose or natural slope of the
soil under the nearest point of same unless such footing, foundation
or structure is first property underpinned or otherwise protected
against settlement. Before commencing any excavation which will affect
physically in any way an adjoining property or structures thereon,
the permit holder shall notify, in writing, the owners of adjoining
property or structures not less than 30 days before such excavation
is to be made informing them excavation is planned. Adjoining properties
and structures shall be protected as provided in the Building Code[1] and/or as required by the administrator.
F.
The top or bottom edge of final slopes shall be set back three feet
plus 1/5 the height of the cut, which the total setback distance shall
not exceed 10 feet from adjacent property lines or street right-of-way
lines in order to permit the normal rounding of the edge without encroaching
on the abutting property or street and to allow for location of proper
drainage facilities and protective devices.
G.
All blasting which is conducted in the Township shall be in conformity
with state requirements and shall be in compliance with the Act of
1957, July 10, P.L. 685, 73 P.S. §§ 164 through 168,
as amended, and the Department of Labor and Industry rules and regulations
promulgated pursuant to the aforesaid statute. The administrator shall
be notified 24 hours prior to any blasting.
A.
No fill shall be made which creates any exposed surface steeper in
slope than two horizontal to one vertical, except under one or more
of the following conditions:
(1)
The fill, in the judgment of the administrator, is located so that
settlement, sliding or erosion of the fill material will not result
in property damage or be a hazard to adjoining property, streets,
alleys, buildings, storm drains or drainageways.
(2)
Soils capability and geological report, signed and sealed by a professional
engineer, experienced in erosion control and soils analysis, certifying
that he has inspected the site and that the proposed deviation from
the slope specified above will not endanger any property or result
in property damage and that creation of a hazard will be minimal,
shall be submitted to and may be approved by the administrator.
B.
The administrator may require that the fill be constructed with an
exposed surface flatter than two horizontal to one vertical if he
finds that under the particular conditions such flatter surface is
necessary for stability and safety.
C.
Fills, embankments and finish grading shall be designed in accordance
with the following:
(1)
Where fills are located so that earth movement may result in personal
injury or damage to adjacent property, streets, alleys or buildings,
the bearing value and stability of the material under proposed fills
and embankments shall be determined by subsurface investigation performed
by a professional engineer.
(2)
The type of fill material available in each stage of the grading
operations shall be determined in order to plan proper filling procedures.
(a)
Rock may be incorporated in fills and embankments but only in
layers 24 inches thick, maximum, as per the latest edition of Pennsylvania
Department of Transportation Specifications, Publication 408, with
voids filled and a blanket of compacted fill separating one layer
of rock from the next. Rock fill shall not be placed near the bottom
of foundations, building caissons and subsurface utility installations.
Suitable earth shall be reserved or provided to cover rock fill under
proposed seeded or planted areas.
(c)
Wood or solid waste decomposable material shall not be placed
in fill areas.
(3)
No fill of any kind shall be placed over topsoil, trees, stumps or
other material which would create a nuisance, potential fire hazard
or sanitary problem such as decomposition which would attract rodents,
termites or other pests.
(4)
On major fills or embankments, a toe bench shall be constructed below
the mantle under the toe of fill.
(5)
Where fills are placed on existing slopes of 5% or more, benching
of the existing surface shall be required and indicated on the cross-sections.
(6)
A porous drain shall be installed on the bottom and back wall of
the toe bench and in the area, together with a drain pipe and suitable
discharge pipe to the existing non-erosive surface beyond and below
the toe of the proposed fill. The discharge location shall not cause
drainage-related problems to downstream property owners.
(7)
Overfilling of slopes is desirable to permit the final shaping of
the surface to proposed grade without the addition of loose fill over
the surface of the slope; provided that no fill shall be higher than
10 feet vertically before the slope is shaped to proper grade.
(8)
At the end of each workday, the horizontal surface of the fill area
shall be shaped, compacted and rolled to the outside edge to provide
for damage.
(9)
All fills shall be compacted to provide stability of materials and
to prevent undesirable settlement. The fill (excepting rock) shall
be spread in a series of layers, each not exceeding 12 inches in thickness
and shall be compacted by a sheepsfoot roller or other approved method
after each layer is spread. Fill shall be placed at the optimum moisture
content for the specified degree of compaction. The administrator
may require tests or other information if, in his opinion, the conditions
or materials are such that additional information is needed. Where
fills are to have streets, structures or public utilities placed in
or on them, a modified proctor density of 95% shall be achieved (ASTM
test designation D 1557-78).
(10)
The top or bottom edge of final slopes shall be set back three
feet plus 1/5 the height of the fill, which the total setback distance
shall not exceed 10 feet, from adjacent property lines or street right-of-way
lines in order to permit the normal rounding of the edge without encroaching
on the abutting property or street and to allow for location of proper
drainage facilities and protective devices.
D.
Whenever a fill is to be made of materials other than clean soil
or earth, the grading permit shall be subject to the following limitations
and requirements:
(1)
The fill shall be completed within a reasonable length of time (under
no circumstances for the initial permit to exceed 180 days), said
time limit to be determined by the administrator and to be specified
on the grading permit.
(2)
Clean soil or earth suitable for revegetation shall be placed over
the top of exposed surfaces of the fill to a depth sufficient to effectively
conceal all materials within the fill, other than clean soil or earth,
both at the end of each day's operation and at the completion
of grading.
Guidelines for minimizing erosion and sediment in the Erosion
and Sediment Control Handbook for Allegheny County Pennsylvania, should
be followed. One or a combination of guidelines should be used to
minimize hazards, depending on site conditions and proposed grading.
However, the administrator may approve grading plans not meeting guidelines
of the handbook if proposed grading will not constitute a hazard.
Governmental and/or engineering reports should be used as evidence
that proposed grading will not constitute a hazard.
A.
In order to prevent erosion, permit holder shall be required to provide
adequate and varied ground cover vegetation. The kind and character
of this cover vegetation shall be approved by the administrator upon
recommendation by the Environmental Advisory Council.
B.
For slopes steeper than three horizontal to one vertical, the ground
covering shall be an approved variety of erosion-resistant vegetation.
C.
The completion of fills, embankments and finish grading should be
done during a season of the year when turf or ground cover can best
be established.
A.
If a retaining wall is constructed to satisfy a requirement of this
article, a building permit shall not be required. The grading permit
shall apply to the retaining wall and the requirements for inspection,
etc., as stated herein shall be complied with.
B.
Retaining walls shall be designed and constructed in accordance with
sound engineering practice. The plans submitted for approval shall
bear the seal and signature of a professional engineer or architect.
C.
The backfilling of retaining walls and the construction of subterranean
drainage facilities shall be done in accordance with sound engineering
practice as determined by the Township Engineer.
D.
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be at least three feet back from the adjoining
property.
A.
Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations and/or the sloping surface of fills and/or
adjacent properties. Interception and diversion facilities for stormwater
and surface water runoff, both above and below the cut area during
and after construction, shall be included in the design. As a minimum,
drainage facilities to the proposed retention areas shall be designed
to accommodate the severest storm that might occur during a ten-year
period.
B.
The drainage pattern prior to construction shall be indicated on the plan in accordance with § 161-13B(7) of this article and adequate measures shall be taken to eliminate any erosion and water runoff damage to adjacent properties during the construction and after completion of construction.
C.
Storm sewers, catch basins, drainage ditches and swales necessary
to protect adjacent properties, whether they be permanent or temporary
in nature, shall be constructed before any excavation or filling is
started. The storm sewers, catch basins, drainage ditches and swales
shall be maintained, cleaned, cleared and open during construction.
If the above is not complied with, the administrator shall stop all
clearing and grading on the site until the necessary drainage facilities
are completed or the permit will be revoked and the required bond
forfeited.
D.
Drainage ditches shall be constructed at the toe and top of cut and
fill slopes to divert the surface water to drainage facilities during
and after construction.
E.
New storm sewers and other facilities and utilities traversing a
proposed fill area shall be buried a minimum of three feet from the
top of pipe to existing grade or fill shall be constructed in that
area prior to installation of said sewers and utilities. The minimum
size storm sewer exclusive of toe drains shall be 15 inches in diameter
unless a variation in size is approved by the administrator. All storm
sewers located under pavement areas shall be reinforced concrete pipe
as required by the Township Engineer.
F.
Slopes steeper than two horizontal to one vertical and of more than
10 feet in vertical height shall be separated by a level berm of at
least four feet in width at intervals of no more than 10 feet vertically
if slope is potentially hazardous due to easily erosive material in
said slope. On slopes of two horizontal to one vertical, or less steep,
the four-foot level berms will not be required unless deemed necessary
by the administrator or Township Engineer.
G.
Drainage ditches with a grade of 5% or greater shall be paved with
concrete, bituminous mixture, brick, half pipe, rubble or other hard
surface material.
H.
Drainage ditches with a grade of less than 5% shall be grassed and
sloped in such a manner that they can be conveniently cut and maintained.
I.
Drainage structures, storm sewers and appurtenances shall be of proper design and so constructed as to carry surface water and any subsurface water encounter to the nearest practical storm drain or natural watercourse approved by the administrator as a safe place to deposit and receive such waters. Approval by the administrator in no way relieves the owner of his legal responsibilities to adjacent property owners. The owner shall also comply with all federal, state and county laws dealing with the enclosing or discharging into existing streams or channels. Stormwater management facilities in compliance with Chapter 280, Subdivision and Land Development, shall be included in the drainage plan.
J.
If, in the judgement of the administrator, the proposed drainage
structures, storm sewers and appurtenances are not adequate, he shall
require the addition of such facilities as to ensure the prevention
of erosion damage and to satisfactorily carry off surface waters and/or
subsurface waters.
K.
As a guide for the prevention of damage, grading plans that follow
vegetative control methods and ditch and conduit control methods in
the Erosion and Sediment Control Handbook for Allegheny County, Pennsylvania,
when they suit the site. The administrator may approve methods and
materials recommended by governmental agencies, professional engineers
and architects, when they are more suitable to the site in preventing
damage. Private drainage facilities of any nature shall be at least
designed to accommodate the largest size storm that would occur on
the average of every 10 years.
L.
No rock fill shall be placed around or over storm sewers or drainage
facilities.
Neither the issuance of a permit under the provisions of this
article nor the compliance with the provisions hereof or with any
condition imposed by the administrator hereunder, shall relieve any
permit holder from any responsibility for damage to persons or property
resulting therefrom, or as otherwise imposed by law, nor impose any
liability upon the Township, its employees and its consultants for
damages to persons or property.
A.
The applicant shall be fully responsible for any noncompliance with
approved plans. He shall carry the responsibility both for his own
employees and for all subcontractors from the first day of grading
until release by the Township. The use of qualified personnel experienced
and knowledgeable in the practice of excavation and landscape restoration
shall be required.
B.
Compliance with the requirements of this article shall be incumbent
upon the person performing any grading, presence or absence of an
inspector notwithstanding.
A.
No person shall construct, enlarge, alter, repair or maintain any
grading, excavation or fill, or cause same to be done contrary to
or in violation of any provision of this article.
B.
When notice of any violation of, or noncompliance with, the provision
of this article has been given to the administrator or the Code Enforcement
Officer, or their representative, to any person, such violation shall
be discontinued immediately or within a reasonable time limit specified
in such notice. If such violation is not discontinued or extends beyond
the specified time limit, the administrator shall revoke the grading
permit and the violator shall be subject to the applicable penalty.
C.
Any person violating any of the provisions of this article shall
be liable, on conviction thereof, to a penalty of not less than $300
and not exceeding $500. Whenever such person shall have been notified
by the Code Enforcement Officer, by service of summons in a prosecution,
or in any way, that he is committing such violation of this article,
each day that he shall continue such violation after such notification,
shall constitute a separate offense punishable by a like fine or penalty.
Such fines or penalties shall be collected as like fines or penalties
are now by law collected.
In case any work is performed by any person in violation of
the provisions of this article, the proper officer of the Township
of Hampton, in addition to other remedies, may institute in the name
of the Township of Hampton, an appropriate action or proceeding, whether
by legal process or otherwise, to prevent such unlawful work and to
restrain or abate such violation.
